Civil liability for compensation for material damage is regulated by the Civil, Civil Procedure and Labor Codes. Various articles determine the amount, calculation and procedure for compensation for damage.
Material damage can be caused by an accident, traffic accident, fire, poor quality services or other reasons. The amount of compensation is summed up from:
- physical loss due to loss or damage to property;
- restoration and search costs;
- lost profits.
If at least one of the components is present, we can already talk about material damage. The monetary value of these components can be very controversial. Therefore, both the suspect and the victim need the help of an experienced lawyer.
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In what cases is material damage compensated?
The key grounds for liability for causing material damage are set out in Article No. 1064 of the Civil Code of the Russian Federation. The harm suffered by a citizen or legal entity must be fully compensated by those who caused it or by someone else, if this is established by law.
This could be, for example, an insurer. Or the parents of a minor offender. The one who compensates for the damage can pay in addition to the losses that the victim had, if this is determined by law or contract.
If the person who caused the harm proves that he is not to blame for the event that occurred, then he may be released from compensation. But some laws provide for compensation for damages, even if there is no fault.
If damage is caused as a result of lawful actions, then the law can either require compensation or exempt from it. The basis for refusal of compensation payments may be the consent or request of the victim, if the actions of the culprit did not violate public moral norms.
Article 246. Determination of the amount of damage caused
Determination of the Constitutional Court of the Russian Federation dated November 20, 2008 N 970-О-О 2.1. By ruling No. 138-О-О dated January 25, 2007, the Constitutional Court of the Russian Federation refused to accept for consideration the complaint of citizen V.M. Rubanov for violation of his constitutional rights by certain provisions of the Labor Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Civil Code of the Russian Federation, since she did not meet the requirements of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, according to which the complaint to the Constitutional Court of the Russian Federation is recognized as admissible, and since the resolution of the issues raised in the complaint is not within the jurisdiction of the Constitutional Court of the Russian Federation. At the same time, the Constitutional Court of the Russian Federation indicated that in his complaint the applicant, without essentially challenging the constitutionality of the articles of the Labor Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Civil Code of the Russian Federation listed in it, is actually appealing the legality and validity of the judicial decisions issued in his labor disputes decisions that are beyond the jurisdiction of the Constitutional Court of the Russian Federation. The applicant’s repeated appeal to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of Articles 238, 242, 246 and 247 of the Labor Code of the Russian Federation, Articles 133 and 140 of the Code of Civil Procedure of the Russian Federation is aimed at revising the said Determination of the Constitutional Court of the Russian Federation, which is unacceptable.
Determination of the Constitutional Court of the Russian Federation dated April 22, 2010 N 614-О-О
In his complaints to the Constitutional Court of the Russian Federation, V.M. Rubanov asks that Articles 2, 4 (part 1), 15 (parts 1 and 4), 17, 18, 19 (parts 1 and 2), 21 (part 1), 37 (parts 2 and 3), 46 (part 1), 47, 50 (parts 1 and 2), 52, 53, 54 (part 1), 55 (parts 1 and 2), 120 and 123 (part 3) of the Constitution of the Russian Federation, paragraph 1 of article 10, articles 15, 150 , 151, paragraphs 2 and 5 of Article 152, Articles 1100, 1101 of the Civil Code of the Russian Federation, paragraph 5 of part one of Article 23, Article 24, 39, part three of Article 45, part two of Article 61, part one of Article 194, parts three and four of Article 198, paragraph five of Article 215, paragraph four of Article 217, paragraph three of Article 328, paragraphs 1 and 2 of part one of Article 362, articles 381, 393, 397 of the Code of Civil Procedure of the Russian Federation, paragraph 4 of part one of Article 33, article 121.1 of the Labor Code of the Russian Federation, part second article, articles 192, 193, 232, 233, 238, 242, 246, 247, 373, 390, 392 of the Labor Code of the Russian Federation, parts two and five of article 20, part one of article 318 of the Code of Criminal Procedure of the Russian Federation.
Determination of the Judicial Collegium for cases of military personnel of the Supreme Court of the Russian Federation dated June 15, 2017 N 205-КГ17-11
In accordance with Art. 246 of the Labor Code of the Russian Federation, the amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of wear and tear of this property.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 20, 2018 N 18-КГ18-126
Resolving the dispute and satisfying the claims of Zavernyaeva T.N. on compensation for damage caused by employee Sedova O.Yu., the court of first instance referred to the norms of articles , , , 232, 233, 238, 242, 243, 246, 247 of the Labor Code of the Russian Federation and proceeded from the fact that, despite the lack of labor agreement between individual entrepreneur T.N. Zavernyaeva and Sedova O.Yu., in the period from January 1, 2015 to October 7, 2016, an employment relationship developed between them. Analyzing the evidence in the case (explanations of the plaintiff and defendant, testimony of witnesses and documents presented by the parties), the court of first instance came to the conclusion that the fact of receipt by Sedova O.Yu. inventory items under the report on one-time documents - delivery notes - was confirmed during the trial, the defendant did not ensure the safety of inventory items, and therefore material damage is subject to recovery from her, the amount of which is confirmed by the audit report dated October 8, 2016 and the documents attached to it.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10/05/2020 N 4-КГ20-28-К1
Taking as evidence the existence of direct actual damage caused by the unlawful actions of Shulkina E.A. to the employer (CJSC "KSPZ"), payment orders for the transfer of funds from the company's accounts to those belonging to E.A. Shulkina. bank accounts, as well as the amount of this damage, the appellate court did not apply to the disputed relations the provisions of Article 246 of the Labor Code of the Russian Federation on the procedure for determining damage caused to the employer, as a result of which it came to the erroneous conclusion that the actions of Shulkina E.A. transfer of funds from the company's current accounts to their own accounts indicates the presence of material damage to the employer - CJSC "KSPZ".
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 12, 2021 N 67-KG21-6-K8
The amount of damage caused to the employer in the event of loss or damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property. Federal law may establish a special procedure for determining the amount of damage subject to compensation caused to the employer by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal amount (Article 246 of the Labor Code Russian Federation).
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated February 17, 2020 N 85-КГ19-12
The procedure for determining the amount of damage caused by an employee to the employer is provided for in Article 246 of the Labor Code of the Russian Federation, according to Part 1 of which the amount of damage caused to the employer due to loss and damage to property is determined by actual losses calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated April 20, 2020 N 74-KG20-1
Taking as evidence the existence of direct actual damage caused by the unlawful actions of Sleptsova A.P. To the Yakut regional branch of the Knowledge Society, a cash check in the amount of 450,000 rubles. with the purpose of issuing funds (for wages, social payments, payment of bonuses, benefits and insurance compensation), on the basis of which Sleptsova A.P. withdrew funds from the organization's account for the specified amount, as well as the amount of this damage, the appellate court did not apply to the disputed relations the provisions of Article 246 of the Labor Code of the Russian Federation on the procedure for determining damage caused to the employer, as a result of which it came to the erroneous conclusion that the withdrawal Sleptsova A.P. from the organization’s account on the basis of the specified cash check in the amount of 450,000 rubles. indicates the presence of material damage to the employer - the Yakut regional branch of the Knowledge Society.
Ruling of the Supreme Court of the Russian Federation dated January 28, 2019 N 308-ES18-23512 in case N A32-6647/2017
In support of the arguments of the complaint, the applicant points to the incorrect application of Articles 15, 408, 410 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) and Articles 238, 246, 248 of the Labor Code of the Russian Federation. In the opinion of the Company, in the presence of a verdict of the Prikubansky District Court of Krasnodar that has entered into legal force, the plaintiff has proven damage by the actions of V.A. Fuks. losses in the stated amount.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated November 11, 2019 N 83-КГ19-13
The procedure for determining the amount of damage caused by an employee to the employer is provided for in Article 246 of the Labor Code of the Russian Federation, according to Part 1 of which the amount of damage caused to the employer due to loss and damage to property is determined by actual losses calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 25, 2019 N 69-КГ18-23
In resolving the dispute, the court of first instance with reference to the provisions of Articles 233, 238, 239, 242 - 244, 246 of the Labor Code of the Russian Federation and to the explanations given in paragraph 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated November 16, 2006 No. “On the application courts of the legislation regulating the financial liability of employees for damage caused to the employer,” came to the conclusion that there are no grounds to satisfy the claim of the independent trade union “Profsvoboda” regarding the demands to invalidate the results of the inventory of June 23, 2022, to recognize the results of the inventory as illegal and unfounded inventory of the order of the trust manager dated July 7, 2022 on the withholding of funds from wages Lantukh Ya.I. for June 2017, about recovery from the defendant in favor of Y.I. Lantukh. funds withheld in connection with the implementation of this order. The court proceeded from the fact that the employer complied with the rules for concluding an agreement on full collective (team) financial liability, the amount of material damage caused by the employee to the employer and the fault of Ya.I. Lantukh. as the financially responsible person are identified and confirmed by the results of the inventory, the circumstances excluding the financial liability of Ya.I. Lantukh were not established during the trial.
Grounds and procedure for compensation for damage caused by the crime to the victim and other persons
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In accordance with Art. 52 of the Constitution of the Russian Federation The rights of victims of crimes and abuse of power are protected by law. The state provides victims with access to justice and compensation for harm caused. According to the criminal procedural legislation, a person is recognized as a victim of a crime if there are grounds to believe that moral, physical or property harm was directly caused to him by the crime, including as a result of a socially dangerous act committed by an insane person or a minor.
In accordance with Art. 42 of the Criminal Procedure Code of the Russian Federation, the basis for recognizing an individual as a victim is the fact that a crime caused him physical, property, and moral harm.
Physical harm consists of impairment of health, bodily harm, physical and mental suffering. Property damage is theft of property, damage and destruction of material assets. Moral harm consists of moral or physical suffering (for example, insult, humiliation, a feeling of inferiority, discomfort, physical pain) experienced (experienced, endured) by the victim as a result of an unlawful act committed against him.
When determining the amount of compensation for moral damage, the following is taken into account: the nature of the physical and moral suffering caused to the victim, associated with his individual characteristics; the degree of guilt of the defendant, his financial situation; other circumstances of the case influencing the decision on the claim.
Criminal procedural legislation recognizes not only an individual, but also a legal entity as a victim. The basis for recognizing a legal entity as a victim is the fact that the crime caused damage to its property and business reputation. The victim has the right to compensation for property damage caused by the crime by filing a civil claim.
In addition, the victim also has the right to file a civil claim for monetary compensation for moral damage, regardless of compensation for property damage.
A claim for compensation for material damage or compensation for moral damage caused by a crime can also be considered in civil proceedings. Date modified: 12/13/2019 18:04:27 Number of impressions: 4426
